Evan Boetticher

Evan Boetticher

McDermott Will & Emery

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Indirect Infringement Not Overcome by Objective Strength of Non-Infringement Case

Addressing indirect infringement and claim construction issues, the US Court of Appeals for the Federal Circuit reversed the district court on three of the four patents at issue, finding that it applied the wrong standard for...more

9/1/2016 - Appeals Apple Claim Construction Indirect Infringement Patent Infringement Patent Litigation Patents Standard of Review Summary Judgment Willful Blindness

Federal Circuit Distinguishes “Motivation to Combine” from “Expectation of Success” for Obviousness Purposes

Addressing issues of obviousness and the proper scope of inter partes review (IPR) reply briefs, the US Court of Appeals for the Federal Circuit upheld a Patent Trial and Appeal Board (PTAB or Board) IPR decision finding the...more

6/29/2016 - Claim Construction Inter Partes Review (IPR) Proceeding Obviousness Patent Litigation Patent Trial and Appeal Board Patents Prior Art

Stent Contract Collapses Standing Argument - TriReme Med., LLC v. AngioScore, Inc.

Addressing the issue of when patent rights are assigned under a contract, the US Court of Appeals for the Federal Circuit overturned the district court’s finding that a prospective inventor had surrendered his rights to an...more

4/5/2016 - Estoppel IP Assignment Agreements Medical Devices Patent Litigation Successor Interests

No Second Life for Fetal Test - Ariosa Diagnostics, Inc., et al. v. Sequenom, Inc., et al.

By a poll of active justices, the U.S. Court of Appeals for the Federal Circuit denied a petition for an en banc rehearing of Ariosa Diagnostics, Inc., et al. v. Sequenom, Inc. et al. and issued two concurrences and one...more

2/4/2016 - Abstract Ideas CLS Bank v Alice Corp En Banc Review Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Petition For Rehearing SCOTUS Sequenom

Claim Construction—It Depends On the Meaning of “Is” - Straight Path IP Group, Inc. v. Sipnet EU S.R.O.

Addressing claim construction issues in the context of an inter partes review, the U.S. Court of Appeals for the Federal Circuit concluded that the Patent Trial and Appeal Board’s (PTAB or Board) construction of the term “is...more

12/29/2015 - Broadest Reasonable Interpretation Standard Claim Construction De Novo Standard of Review Inter Partes Review (IPR) Proceeding Patent Litigation Patent Trial and Appeal Board

Shall Means Shall . . . Unless It Doesn’t - Amgen Inc., et al. v. Sandoz, Inc.

Addressing issues of first impression related to the Biologics Price Competition and Innovation Act of 2009 (BPCIA), which the U.S. Court of Appeals for the Federal Circuit labeled “a riddle wrapped in a mystery inside an...more

9/2/2015 - Biosimilars BPCIA FDA Patent Infringement Patent Litigation Patents Preliminary Injunctions Sandoz v Amgen Unfair Competition

Fetal DNA Test Cannot Give Birth to a Patent - Ariosa Diagnostics, Inc., et al. v. Sequenom Inc., et al.

Addressing the issue of patent eligibility of a pre-natal testing invention, the U.S. Court of Appeals for the Federal Circuit unanimously affirmed the district court’s judgement of invalidity under 35 U.S.C. § 101 with...more

8/4/2015 - DNA Mayo v. Prometheus Patent Applications Patent Invalidity Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS

Combinations of Predictable Elements from the Prior Art Need Not Be Advantageous - Nuvasive, Inc. v. Warsaw Orthopedic, Inc.

Addressing the propriety of combining prior art in an obviousness analysis, U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board (“PTAB” or “Board”) determined that a patent for a spinal implant for...more

2/26/2015 - Medical Devices Obviousness Patent Trial and Appeal Board Patents Prior Art USPTO

District Courts Should Not Nit-PIC

Anti-Cancer, Inc. v. Pfizer, Inc., et al. - Addressing the issue of when it is appropriate to issue sanctions for deficient Preliminary Infringement Contentions (PICs) (under state court procedural rules), the U.S....more

12/1/2014 - Appeals Patent Infringement Patent Litigation Patents Pfizer Pharmaceutical Patents

IPR Clock Runs Until Allegations Are Nullified

Histologics, LLC v. CDx Diagnostics, Inc. - Addressing the issue of when a defendant’s one-year window to petition for inter partes review (IPR) expires after being served with a patent infringement complaint, the U.S....more

11/14/2014 - Inter Partes Review (IPR) Proceeding Patent Infringement Patents Statute of Limitations

IP Update, Vol. 16, No. 11, November 2013

Appellate Decision Sets Stage for Next Skirmish In The Apple vs. Samsung Smart Phone Wars - A unanimous panel of the U.S. Court of Appeals for the Federal Circuit has concluded that the district court was within its...more

11/26/2013 - Apple Apple v Samsung Fresenius Patent Infringement Patent Litigation Patents Samsung SCOTUS Smartphones Standard Essential Patents

IP Update, Vol. 16, No. 9, September 2013

Patents/Preliminary Injunction: Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. - Addressing a preliminary injunction filed by a defendant in a...more

10/1/2013 - Claim Construction Copyright Expert Testimony Fair Use Governmental Immunity Governmental Liability Infringement Inter Partes Reexamination ITC Jurisdiction Obviousness Patent Term Adjustment Patents Preliminary Injunctions Registration SCOTUS Sovereign Immunity Theft Trade Secrets Trademarks USPTO Work-For-Hire

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